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COOK COUNTY RECORD

Monday, November 4, 2024

Plaintiff Alleges Pharmaceutical Company’s Negligence Led to Permanent Hearing Damage

Federal Court
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A woman has filed suit over alleged permanent hearing damage she claims was caused by a prescription drug. In a complaint filed on October 17, 2024, in the United States District Court for the Northern District of Illinois, plaintiff Mary Fullerton accuses Horizon Therapeutics USA, Inc. of negligence and wrongful conduct related to their drug Tepezza. This case brings to light significant concerns about pharmaceutical safety and corporate responsibility.

According to the complaint, Fullerton, a resident of Logan County, Oklahoma, was diagnosed with thyroid eye disease and received Tepezza infusions from November 2022 through February 2023. She alleges that these treatments resulted in severe and permanent hearing loss and tinnitus. Fullerton contends that Horizon Therapeutics failed to provide adequate warnings about these potential side effects until July 2023—months after her first infusion—when they updated the drug's label to include a warning about "severe hearing impairment including hearing loss." The lawsuit argues that Horizon knew or should have known about these risks due to numerous patient reports and scientific studies indicating such adverse effects.

The complaint further alleges that Horizon Therapeutics engaged in fraudulent and illegal conduct by failing to adequately test Tepezza's safety before its release. It claims that despite clear evidence from post-marketing studies showing significant risks of hearing impairment associated with Tepezza, Horizon continued to market the drug without proper warnings. Notably, an internal whistleblower at Horizon raised concerns about the higher incidence rate of hearing loss than initially reported but was allegedly terminated for pushing for transparency.

Fullerton seeks compensatory damages for her injuries as well as punitive damages against Horizon Therapeutics for their alleged negligence and failure to warn consumers adequately. The lawsuit also demands statutory damages, attorneys' fees, and costs incurred due to the legal proceedings.

Representing Mary Fullerton are attorneys from various law firms who specialize in pharmaceutical litigation. The case is presided over by judges in the Northern District of Illinois under Case ID: 1:24-cv-10692.

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